@maxdancona,
Who is saying that it doesn't?
I was answering the question as set by Chai.
In British Law it is rape where:
1-(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
I would argue that certainly clause (c) comes into play, as he did not believe that B consented to such penetration.
He was fully aware that she did
not want intercourse under such circumstances.
It was not rape up until the moment when he removed the condom. Without the condom.... "(b) B does not consent to the penetration."